§ 231:81-a — Repair of Roads Not Maintained by a Municipality

New Hampshire § 231:81-a

• Jurisdiction: New Hampshire
• Title XX: TRANSPORTATION
• Ch. 231: CITIES, TOWNS AND VILLAGE DISTRICT HIGHWAYS
• Subdivision: Repair of Roads Not Maintained by a Municipality

Text

I. In the absence of an express agreement or requirement governing maintenance of a private road, when more than one residential owner enjoys a common benefit from a private road, each residential owner shall contribute equitably to the reasonable cost of maintaining the private road, and shall have the right to bring a civil action to enforce the requirement of this paragraph. This paragraph shall not apply to any highway defined in RSA 229:5.
II. Any owner of a residential property abutting a private road who directly or indirectly damages any portion of such road shall be solely responsible for repairing or restoring the portion damaged by such owner.
III. Nothing in this section is intended to extend or restrict the common law as applied to residences on private roads, nor to affect the rights and obligations of non-residential property owners on private roads as they exist under the New Hampshire common law on easements.

Legislative History

2019, 308:2, eff. Aug. 2, 2019.